Below Threshold Contracts

Public contracts falling wholly outside the EU public procurement directives (such as contracts that are below the applicable financial thresholds) or partly outside the directives (such as contracts in the “light regime” under Directive 2014/24), and which have a cross-border interest in the EU, are subject to general principles of EU law. So, of course, are above-threshold contracts that come within the main regime. However, for contracts outside the regime that are of a certain cross-border interest, the application of the general principles of equal treatment, non-discrimination, transparency etc., can impose significant obligations on contracting authorities letting such contracts. But this will only occur where there is potential cross-border interest in the contract and the CJEU has not hesitated in dismissing the application of the general principles where no such interest really arises.

The procedures for challenging decision in below-threshold procurements will usually be different from those under the main regime. For example, in Ireland, such challenges will typically be brought by way of ordinary judicial review (pursuant to Order 84 of the Rules of the Superior Courts) rather than under the Remedies Regulations which transpose Directive 89/665.